Fan Wen Daquan > Contract Model > Technical Contract Template

Patent implementation license contract


project name:____________________
Licensor (Party A): ____________________
Legal representative: ____________ Position: ____________
Address: ____________ Postal Code: ____________ Telephone: ____________
Licensee (Party B): ____________________
Legal representative: ____________ Position: ____________
Address: ____________ Postal Code: ____________ Telephone: ____________
Fill in the instructions 1. Fill in the “Contract Registration Number”:
The contract registration number is 14 digits. The first and second digits from the left are the Gregorian era numbers, the third and fourth digits are codes for provinces, autonomous regions, and municipalities directly under the Central Government, the fifth and sixth digits are the codes for the cities and cities, and the seventh and eighth digits are the contracts. The registration point number, the ninth to fourteenth place is the contract registration serial number, the above number is insufficient to fill the zero, and the regional codes are filled in according to the provisions of GB2260-84.
2. Projects within the plan shall be filled out by the State Council's ministries and commissions, provinces, autonomous regions, municipalities directly under the Central Government, cities with separate plans and prefectures (prefectures), and those not belonging to the above-mentioned projects shall be indicated by this column (/).
3. Patent technology content refers to all technical content involved in the scope of patent specification and rights protection.
4. The scope of technical secrets refers to the content of the obligations of the parties to undertake technical confidentiality, the geographical scope of confidentiality and the start and end time of confidentiality, and the responsibility for the leakage of technical secrets.
V. Other:
If the contract is signed through an intermediary agency, the intermediary contract should be used as an auxiliary file of this contract. If the parties agree on the entry fee, property mortgage and guarantee, a photocopy of the deposit, property mortgage and guarantee procedures shall be used as an attached file of the contract.
6. When the entrusted agent signs this contract, it shall issue a power of attorney.
7. In this contract, any clause that the parties have agreed not to fill out shall be indicated by a blank (/) in the clause.
8. Please refer to the corresponding clauses of the “Guidelines for the Signing of Patent Implementation License Contract” when filling out. ("Signing Guidelines" prepared by the Chinese Patent Office)

According to the "Contract Law of the People's Republic of China" and the "Patent Law of the People's Republic of China", Party A in the contract shall be the ________ patent project (application date ________, application number: ________, authorization date (opening day, announcement day) ________, legal statutory validity period: ________), permitting Party B to implement. (The project is a ________ plan, and the invention belongs to: a service invention (non-service invention)). This contract is signed by consensus.
Article 1 Patent technology content (including the general technical secrets related to the implementation of the patent), requirements and industrial development programs: ________________________
Article 2 Technical materials and the time limit, place and method of submission: ________________
Party A shall provide Party B with the following information in the form of ____________________________ within ________ days from the effective date of the contract:
Article 3 The scope and confidentiality period of the project's technical secrets: __________________________
________________________________________________________
Article 4 Types of Patent Implementation License:
Article 5 Acceptance criteria and methods:
Party B uses this technology and has reached the technical performance index (______) specified in this contract after trial production.
The ______________ method is adopted for acceptance, and the contractual technical acceptance acceptance agreement is signed by both parties.
If the product acceptance is unqualified, both parties will negotiate the reasons for the investigation and determine the responsibilities of both parties.
Article 6 User fees and payment methods:
(1) Total amount of one-time payment method ____________________ Yuan____________________
(1) One-time payment: ____________ yuan ____ year ____ month ____ day
(2) Instalment payment: ____________ yuan ____ year ____ month ____ day
___________________ Yuan _________________
(2) Entry fee plus fee method
Entry fee ________ yuan ____________ payment date ________
(1) ________% of sales ________ Date of payment ________
(2) ________% pure profit ________ payment date ________
Article 7 Technical services (location, method and cost)
(Refer to Article 5 of the Guidelines for the Signing of Patent Licensing Contracts)

Article 8 Provision and sharing of follow-up improvements:
(Refer to Article 8 of the Guidelines for the Signing of Patent Licensing Contracts)

Article 9 Measures for the Treatment of Invalid Patent Infringement and Infringement:
(Refer to Article 9 of the Guidelines for the Signing of Patent Licensing Contracts)
Article 10 Calculation method for liquidated damages or damages:
In violation of this contract, the defaulting party shall be liable for breach of contract in accordance with the "Contract Law of the People's Republic of China".
(1) In violation of the provisions of Article ________ of this contract, the ________ party shall be liable for breach of contract, and the manner of commitment and the amount of breach of contract shall be as follows:
________________________________________
(2) In violation of the provisions of Article ____ of this contract, the ____ party shall be liable for breach of contract, the manner of commitment and the amount of breach of contract shall be as follows:
________________________________________
(3) Other Article 11 Changes and Termination of the Contract:
Article 12: Solutions to disputes:
The parties to the dispute arising from the execution of the contract shall resolve the matter through negotiation, or may request the patent management authority to conduct mediation.
If the two sides are unwilling to negotiate, mediate settlement, or negotiate or mediate, the two sides agree to use the following ( ) method. 1. Apply to the Arbitration Commission for arbitration; 2. Prosecute to the People's Court.
Article 13 Interpretation of nouns and terms:
Article 14 Other:
Including the rights, obligations, service fees and payment methods of the intermediary, entry fees, property mortgages, guarantees, etc.

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